Ductor dubitantium, or, The rule of conscience in all her generall measures serving as a great instrument for the determination of cases of conscience : in four books / by Jeremy Taylor ...

RULE IV. The Fathers power does not extend to matter of Re∣ligion, and persuasions of Faith.

IN the law of the XII Tables it was written,* 1.1 Sacra privata perpetua ma∣nento, that the private Religion of a family should not be alter'd: which Cicero expounds to mean that all those to whom the care of the Father of the family did appertain were tied to the celebration of the same rites;* 1.2 and the lawyers say,* 1.3 that Filii sunt in sacris parentum dum sunt in eorum po∣testate, Children are within the holy rites of their parents while they are in their power. And indeed this is very true in the Court of Conscience so long as their understanding is in their Fathers power; but that is of all things first emancipated: when a Son can chuse for himself, when he is ca∣pable of malice and perversenesse, when he is judicable by external and pub∣lic laws, then he is emancipated and set free, so as he can chuse his religion, and for that the Father hath no other power over him but persuasion and instruction. For it is very observable that as it was said of the law of Moses, it was a school-master to bring us unto Christ, so it is true of the Im∣perium domesticum, the Fathers government, it is a pedagogy to bring us to the obedience of the laws both of God and Man: the Fathers commands are exacted before the laws of God or Princes doe require obedience; because the Government of children is like the Government of the sick and the mad-men, it is a protection of them from harm, and an institution of them to obedience of God and of Kings; and therefore the Father is to rule the Understanding of his child, till it be fit to be rul'd by the laws of God; that is, the child must believe and learn, that he may chuse and obey; for so we see it in the baptising infants, the Fathers and Susceptors first chuse the childs religion, and then teach it him, and then he must chuse it himself. For the Fathers authority to the understanding of the child is but like a false arch or temporary supporter, put under the building till it can stand alone: and it onely hath this advantage, that the Father hath the preroga∣tive of education, the priority of possession, which how great it is all the experience of the world can tell. But that this is part of the Paternal power is evident, because no child is to be baptized without his Fathers will. A Turk, a Jew, a Heathen can reckon their children in ••acris Paren∣tum* 1.4, they have power, a natural and proper power to breed up their chil∣dren in what religion they please, but not to keep them in it; for then when they can chuse they are under no power of man, God onely is the Lord of the understanding: and therefore it is no disobedience if a Son changes his Fathers religion, or refuses to follow his Fathers change, for he cannot be injur'd in that where he hath no right and no authority.

But this is so to be understood that the religion of the Son must at no hand prejudice the Fathers Civil rights,* 1.5 so that he must not quit his Fa∣thers house, if he be under his Fathers power, and by the laws o•• his coun∣try be oblig'd under that government. Vigoreus in his Sermon of S. Martin, tells that S. Martin being but a Catechumen and yet unbaptiz'd did still

abide with his Father and Mother though they were heathens, and he ne∣verthelesse did all the offices of a Christian. And there is in this great duty, because one right must not destroy another; and a man may be of what religion he please without doing wrong to any man, for a man cannot be hindred in his persuasion, for though he dies, he is of that religion; but no good religion does warrant the Son to doe wrong to his Fathers legal rights.* 1.6 And therefore Marius Victor observes of Abraham,

Verum mente Deum venerans, Gentilia Sacra Aversatus erat—

He was a great hater of his Fathers idolatry and the impious rites of his family, yet he did not leave his Fathers house till after his Fathers death.

Linqueret ut sedes patrias, terramque nocentem Pollutamque domum, nisi postquam morte parentis Jussa sequi jam posse Dei sine fraude licebat.

He might doe it justly when he had no just power over him to restrain him by the cords of another justice and a differing duty.

There is onely this variety to be added,* 1.7 that when either of the pa∣rents is Christian, and the other Infidel, the Son is to be reckon'd to the believing parent: the effect whereof can be this, that he or she that believes hath a right to educate the children in Christianity without injury to the other, and the Church may baptize the children against the will of the unbeliever: and the reason of this is, the prerogative of God, and of Christ who is head of the Church, and the Soveraign of all the world; for if the child is sanctified and made holy by the believing parent, then it may be brought to Christ; that sanctification of it is Christs seizure of it, it is his right, because he hath made a Covenant with the parents for themselves and for their children.

This is practis'd in the Countries of the Roman Communion to evil purposes;* 1.8 and if the Father be a heretic in their account, they teach their children to disobey their parents, and suppose heresy to destroy the Fa∣thers right of power and government. Between Christian and Christian there is no difference as to matter of Civil rights; no law allows that: but between Heathen and Christian, so far as the soul is concern'd, the right of Christ is indubitable; for we are sure Christianity is the true religion: but amongst the Sects of Christians the case is wholly differing, for they may both have enough to secure the souls of pious persons, and yet may both be deceiv'd in their question, and unnecessary article.

Notes

• * 1.1

  1.
• * 1.2

  lib. 2. de Legib.
• * 1.3

  Alciat. lib. 1. praeterm. in verb. sacra.
• * 1.4

  Panormit. in cap. 2. de con∣vers. infid. & Baldus in l. item in pote∣state. ff. de ju∣person.
• * 1.5

  2.
• * 1.6

  Tit. 3. Com∣ment. in Ge∣nesin.
• * 1.7

  3.
• * 1.8

  4.